Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32276 of 2018 Applicant :- Mahakdei Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that there is neither any direct nor circumstantial evidence on record against the applicant. He next submitted that the applicant is absolutely innocent and being mother of Johny against whom the prosecutrix Sonia has made allegation of kidnapping in her statement recorded under Section 164 Cr.P.C. has been falsely implicated in the present case. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.3.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Mahadei involved in Case Crime No. 1208 of 2017, under Sections 366, 328, 323 and 506 I.P.C., P.S. Kotwali Dehat, district-Bulandshahar be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.8.2018 Faridul